Subchapter M. STANDARDS FOR CHANGING A CUSTOMER’S ELECTRICITY GENERATION SUPPLIER
Sec.
57.171. Definitions.
57.172. Customer contacts the EDC.
57.173. Customer contacts the EGS to request a change in electric supply service.
57.174. Time frame requirement.
57.175. Persons authorized to act on behalf of a customer.
57.176. Valid written authorization.
57.177. Customer dispute procedures.
57.178. Default service provider.
57.179. Record maintenance.
57.180. Implementation.
Authority The provisions of this Subchapter M issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501, unless otherwise noted.
Source The provisions of this Subchapter M adopted November 20, 1998, effective November 21, 1998, 28 Pa.B. 5770, unless otherwise noted.
§ 57.171. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—66 Pa.C.S. § § 2801—2815 (relating to Electricity Generation Customer Choice and Competition Act).
Current EGS—The EGS at the time of the customer contact.
Customer—A purchaser of electric power in whose name a service account exists with either an EDC or an EGS. The term includes all persons authorized to act on a customer’s behalf.
Default service provider—The term as defined in section 2803 of the act (relating to definitions).
EDC—Electric distribution company—The term as defined in section 2803 of the act.
EGS—Electric generation supplier—The term as defined in section 2803 of the act.
Selected EGS—The EGS from which the customer seeks new electric generation supply service.
Source The provisions of this § 57.171 amended June 13, 2014, effective June 14, 2014, 44 Pa.B. 3539. Immediately preceding text appears at serial page (367190).
Cross References This section cited in 52 Pa. Code § 111.6 (relating to discipline).
§ 57.172. Customer contacts the EDC.
(a) When a customer or a person authorized to act on the customer’s behalf contacts the EDC to request a change from the current EGS or default service provider to a selected EGS, the EDC shall notify the customer that the selected EGS shall be contacted directly by the customer to initiate the change. This notification requirement does not apply when a Commission-approved program requires the EDC to initiate a change in EGS service.
(b) When a customer contacts the default service provider to request a change from the current EGS to default service, the default service provider shall notify the customer that there may be a cancellation penalty to cancel service with the current EGS. Subsequent to this notice and upon express or written consent from the customer, the default service provider shall enroll the customer in default service.
Source The provisions of this § 57.172 amended June 13, 2014, effective June 14, 2014, 44 Pa.B. 3539. Immediately preceding text appears at serial page (367190).
Cross References This section cited in 52 Pa. Code § 111.6 (relating to discipline); and 52 Pa. Code § 57.180 (relating to implementation).
§ 57.173. Customer contacts the EGS to request a change in electric supply service.
When a customer contacts an EGS to request a change from the current EGS or default service provider to a new selected EGS, the following actions shall be taken by the selected EGS and the customer’s EDC:
(1) The selected EGS shall notify the EDC of the customer’s EGS selection at the end of the 3-business day rescission period under § 54.5(d) (relating to disclosure statement for residential and small business customers) or a future date specified by the customer. The selected EGS may notify the EDC by the end of the next business day following the customer contact upon customer consent.
(2) Upon receipt of this notification, or notification that the customer has authorized a switch to default service, the EDC shall send the customer a confirmation letter noting the proposed change of EGS or change to default service. The notice must include the date service with the new selected EGS or default service provider will begin. The letter shall be mailed by the end of the next business day following the receipt of the notification of the customer’s selection of an EGS or default service provider.
Source The provisions of this § 57.173 amended June 13, 2014, effective June 14, 2014, 44 Pa.B. 3539. Immediately preceding text appears at serial pages (367190) to (367191).
Cross References This section cited in 52 Pa. Code § 57.180 (relating to implementation); and 52 Pa. Code § 111.6 (relating to discipline).
§ 57.174. Time frame requirement.
(a) When a customer has provided the selected EGS or current EGS with oral confirmation or written authorization to select the new EGS or default service provider, consistent with electric data transfer and exchange standards, the EDC shall make the change within 3 business days of the receipt by the EDC of the electronic enrollment transaction.
(b) The EDC shall obtain a meter read to effectuate the switch of service within the time period provided for in subsection (a). In instances when the EDC does not have advanced or automated metering capability, the EDC shall obtain an actual meter read, use an estimated meter read or use a customer-provided meter read. When an estimated meter read is used, the estimated meter read shall be updated when an actual meter read is obtained.
Source The provisions of this § 57.174 amended June 13, 2014, effective June 14, 2014, 44 Pa.B. 3539. Immediately preceding text appears at serial page (367191).
Cross References This section cited in 52 Pa. Code § 57.180 (relating to implementation); and 52 Pa. Code § 111.6 (relating to discipline).
§ 57.175. Persons authorized to act on behalf of a customer.
A customer may identify persons authorized to make changes to the customer’s account. To accomplish this, the customer shall provide the EDC with a signed document identifying by name those persons who have the authority to initiate a change of the customer’s EGS.
Cross References This section cited in 52 Pa. Code § 111.6 (relating to discipline).
§ 57.176. Valid written authorization.
A document signed by the customer of record whose sole purpose is to obtain the customer’s consent to change EGSs shall be accepted as valid and result in the initiation of the customer’s request. Documents not considered as valid include, but are not limited to, canceled checks, signed entries into contests and documents used to claim prizes won in contests.
Cross References This section cited in 52 Pa. Code § 111.6 (relating to discipline).
§ 57.177. Customer dispute procedures.
(a) When a customer contacts an EDC or an EGS and alleges that the EGS has been changed without consent, the company contacted shall:
(1) Consider the matter a customer registered dispute.
(2) Investigate and respond to the dispute consistent with § § 56.151 and 56.152 (relating to utility company dispute procedures).
(b) When the customer’s dispute has been filed within the first two billing periods since the customer should reasonably have known of a change of the EGS and the dispute investigation establishes that the change occurred without the customer’s consent, the customer is not responsible for EGS bills rendered during that period. If the customer has made payments during this period, the company responsible for initiating the change of supplier shall issue a complete refund within 30 days of the close of the dispute. The refund or credit provision applies only to the generation charges.
(c) A customer who has had an EGS changed without having consented to that change shall be switched back to the original EGS for no additional fee. Any charges involved in the switch back to the prior EGS are the responsibility of the company that initiated the change without the customer’s consent.
(d) If a customer files an informal complaint with the Commission alleging that the customer’s EGS was changed without the customer’s consent, the Bureau of Consumer Services will issue an informal decision that includes a determination of customer liability for any EGS bills or administrative charges that might otherwise apply, rendered since the change of the EGS.
(e) In addition to customer-specific remedies, the Commission may, after investigation and decision, assess fines under 66 Pa.C.S. Chapter 33 (relating to violations and penalties) and initiate proceedings to revoke the license of an EGS that demonstrates a pattern of violating this subchapter. The Commission may order a particular EGS that has a pattern of violating this subchapter to obtain written authorization from every new customer as a condition of providing service in this Commonwealth. Nothing in this subchapter is intended to limit the Commission’s authority.
Cross References This section cited in 52 Pa. Code § 54.123 (relating to transfer of customers to default service); 52 Pa. Code § 111.6 (relating to discipline); 52 Pa. Code § 111.7 (relating to customer authorization to transfer account; transaction; verification; documentation); and 52 Pa. Code § 111.13 (relating to customer complaints).
§ 57.178. Default service provider.
This subchapter does not apply when the customer’s service is discontinued by the EGS and subsequently provided by the default service provider because no other EGS is willing to provide service to the customer.
Source The provisions of this § 57.178 amended September 14, 2007, effective September 15, 2007, 37 Pa.B. 4996. Immediately preceding text appears at serial page (263684).
Cross References This section cited in 52 Pa. Code § 111.6 (relating to discipline).
§ 57.179. Record maintenance.
Each EDC and each EGS shall preserve all records regarding unauthorized change of EGS and default service provider disputes for 3 years from the date the customers filed the dispute. These records shall be made available to the Commission or its staff upon request.
Source The provisions of this § 57.179 amended June 13, 2014, effective June 14, 2014, 44 Pa.B. 3539. Immediately preceding text appears at serial page (367192).
Cross References This section cited in 52 Pa. Code § 57.180 (relating to implementation); and 52 Pa. Code § 111.6 (relating to discipline).
§ 57.180. Implementation.
Each EDC and EGS shall implement § § 57.172—57.174 and 57.179 by December 15, 2014.
Source The provisions of this § 57.180 adopted June 13, 2014, effective June 14, 2014, 44 Pa.B. 3539.
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